2020 (1) TMI 851 - AT - Income Tax

Revision u/s 263 - Bogus purchases - AO making disallowance @ 12.5% - HELD THAT - Hon'ble Jurisdictional High Court in Mohommad Haji Adam Co. 2019 (2) TMI 1632 - BOMBAY HIGH COURT has held that even if the purchases are found to be bogus, however, the entire purchases cannot be added if the sales are not doubted or disputed. The Hon'ble Jurisdictional High Court held that in such circumstances, the addition can be made by applying the gross profit rate of normal purchases. Thus, in our considered opinion, the decision of the Assessing Officer in making addition applying the profit rate is in consonance with various judicial precedents available on the issue. Therefore, it cannot be considered to be an erroneous view as it is a possible view. Moreover, the allegation of learned Principal Commissioner that the Assessing Officer has overlooked the material on record and has not made any enquiry which ought to have been made, appears to be on wrong assumption of facts, hence, not tenable. In view of the aforesaid, we hold that in the given facts and circumstances of the case, the assessment orders passed cannot be held as erroneous and prejudicial to the interests of Revenue. That being the case, exercise of power under section 263 of the Act to revise the assessment orders is neither justified nor valid - Decided in favour of assessee.

Summary

Issues:
- Assessment orders passed under section 263 of the Income-tax Act, 1961 for the assessment years 2010-11 and 2011-12 challenged by the assessee.
- Allegation of non-genuine purchases leading to re-opening of assessments.
- Disallowance of purchases as non-genuine and estimation of profit margin.
- Principal Commissioner's view on the erroneous assessment orders and initiation of revision proceedings.
- Assessee's submission on the genuineness of purchases and supporting evidence.
- Discrepancy in the assessment of profit margin on non-genuine purchases.
- Rival contentions on the proper treatment of non-genuine purchases.
- Application of judicial precedents and legal principles in assessing non-genuine purchases.
- Decision on the validity of the assessment orders and revision under section 263 of the Act.

Detailed Analysis:
1. The appeals arose from separate orders under section 263 of the Income-tax Act for the assessment years 2010-11 and 2011-12. The Assessing Officer re-opened the assessments based on information regarding non-genuine purchases identified as hawala transactions. The AO estimated profit margin on these purchases at 12.5% and added it to the assessee's income.

2. The Principal Commissioner found the assessment orders erroneous, citing lack of proper enquiry and failure to apply section 40A(3) to cash purchases. The PCIT set aside the orders, directing a fresh assessment based on Supreme Court decisions on non-genuine purchases.

3. The assessee contended that genuine purchases were proven with supporting evidence, including stock registers and bank statements. They argued that only the profit element should be taxed, citing various High Court and Tribunal decisions supporting this view.

4. The Departmental Representative supported the PCIT's stance that entire non-genuine purchases should be added to income, not just the profit margin. They relied on specific cases to justify this position.

5. The ITAT analyzed the facts and submissions, noting the Assessing Officer's efforts to verify the purchases' genuineness. They found the AO's decision to estimate profit margin reasonable, supported by legal precedents. The ITAT held that the assessment orders were not erroneous and quashed the PCIT's revision under section 263.

6. Ultimately, the ITAT allowed the assessee's appeal, concluding that the assessment orders were valid, and the revision under section 263 was unwarranted based on the facts and legal principles applied.

This detailed analysis covers the issues, contentions, and the ITAT's decision on the validity of the assessment orders and the revision under section 263 of the Income-tax Act.